Suffolk County Divorce Lawyer

Long Island Divorce Lawyer – Huntington, NY

Divorce is never an easy process. In any divorce matter, it is important to protect your rights as early as possible. The first step is to obtain the advice of an experienced divorce lawyer. The decisions you make at the time of separation and during the divorce process are critical to your rights and most likely the outcome of your case. Most people going through a divorce have many questions are not sure what the divorce process entails. Whether you are seeking a lawyer for a contested divorce or an uncontested divorce lawyer, we can help. We are also proud to represent clients in same-sex divorces.

Contested Divorce vs. Uncontested Divorce in New York

There are 2 types of divorce cases – contested divorces and uncontested divorces.

A contested divorce is one in which the spouses cannot agree upon the dissolution of the marriage or the above-mentioned ancillary issues. A contested divorce can become uncontested if all the issues are eventually resolved by the parties in a Stipulation of Settlement (sometimes known as a Settlement Agreement). If these issues cannot eventually be resolved, the court will hold a trial and issue a ruling on all issues.

Grounds for Divorce in New York State

Regardless of whether it is a contested divorce or an uncontested divorce, in order to obtain a divorce in New York State, the Plaintiff-Spouse (the spouse who filed for the divorce) must have “grounds” – meaning that there must be a legally-recognized reason for the court to grant the divorce.

Irretrievable breakdown in the relationship for a period of at least 6 months. This is commonly known as a no-fault divorce. New York does not recognize irreconcilable differences as grounds for a divorce but irretrievable breakdown is very similar.

In addition to dissolving the marriage, what does the divorce do?

Equitable Distribution of Marital Property

It is important to realize that equitable distribution DOES NOT mean equal distribution. Generally, marital property is distributed equally between the spouses but the court has the power to grant more property to one spouse over the other.

The phrase marital property generally refers to any property acquired by either spouse during the marriage, regardless of which spouse holds title. Marital property also includes intangible assets such as a spouse’s enhanced earning capacity (often derived from a degree, education, training or a professional license) or entitlement to a pension.

Marital property, as opposed to separate property, can be distributed in a divorce. Separate property cannot be distributed.

Common examples of separate property include:

Property obtained prior to the marriage

Anything defined as separate property in a prenuptial agreement

Compensation for personal injuries

Inheritance

Equitable distribution of a pension or retirement account

A QDRO (Qualified Domestic Relations Order) is a court order that re-apportions either a percentage or a specific amount of money from a pension to the former spouse. Generally, a QDRO is used to distribute a pension or retirement account. For example, if Spouse A has earned a pension and Spouse B is entitled to half of the pension under equitable distribution, the court will issue a QDRO to assign Spouse B his or her share.

Maintenance

Maintenance (what was once known as alimony) is defined by New York’s Domestic Relations Law as “payments provided for in a valid agreement between the parties or awarded by the court, to be paid at fixed intervals for a definite or indefinite period of time, to meet the reasonable needs of a party to the matrimonial action.”

The purpose of maintenance is to attempt to sustain the pre-separation standard of living enjoyed by the parties.

Maintenance can be either durational or permanent, meaning that a spouse will be obligated to make payments for either a fixed period of time (durational maintenance) or until the death of one of the spouses (permanent maintenance).

In determining the amount and length of maintenance, the DRL requires the court to consider the following factors:

the income and property of the respective parties including marital property distributed in the divorce

the length of the marriage

the age and health of both parties

the present and future earning capacity of both parties

the need of one party to incur education or training expenses

the existence and duration of a pre-marital joint household or a pre-divorce separate household

acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law

the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor

reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage

the presence of children of the marriage in the respective homes of the parties

the care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity

the inability of one party to obtain meaningful employment due to age or absence from the workforce

the need to pay for exceptional additional expenses for the child/children, including but not limited to, schooling, day care and medical treatment

the tax consequences to each party

the equitable distribution of marital property

contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party

the wasteful dissipation of marital property by either spouse

the transfer or encumbrance made in contemplation of a matrimonial action without fair consideration

the loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties

any other factor which the court shall expressly find to be just and proper.

Can’t find a spouse or need confidentiality?

A divorcing party may sometimes require special measures before even addressing the merits of a case. For instance:

Motions to allow “service by publication” – instead of personally serving your spouse with divorce papers, the court may permit you to publish an advertisement in a newspaper.

These issues are commonplace in divorce and an attorney will be able to assist you locating your spouse, arranging for service of the documents on your spouse, making a motion for “substitute service” / “service by publication” or making a motion to keep your contact information confidential.

You may be asking yourself “Do I Need an Attorney for Divorce?”

As a Long Island divorce lawyer, Louis Sternberg has handled contested divorces and uncontested divorce with competence, compassion and personalized attention. Hiring an attorney early in the process often prevents the mistakes that occur when parties to divorce represent themselves before the court. We know this because we handle many cases where individuals have tried to handle their divorce themselves and later came to us when they could no longer navigate their way through the legal system. Getting legal help early in the process can help avoid a lot of the mistakes make my clients early in the process and the stresses that accompany those mistakes.

Divorce Lawyer Suffolk County, NY

We were recently rated as 2nd Place in the Best Divorce Attorney Award from the Long Island Press’ Best of Long Island and we’re proud to have been nominated every year since 2012.

Contact us now to discuss your Nassau or Suffolk divorce. We represent and assist clients with contested divorce and uncontested divorce. Call the Law Office of Louis L. Sternberg at 631-600-3295, or use our online contact form to speak to a Huntington Divorce Lawyer.

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